Reality Telecom plc (“ Reality” or “we” or “us”)
supplies its services under the following terms and conditions.
We try to keep all legal documents as clear and as simple as possible, but
some terms used below are necessarily legal in nature.
These terms and conditions (“this Agreement”) constitute the
contract governing the supply of telecoms services (“the Services”)
by us to the person to whom such Services are provided (“the Customer” or “you”).
If you use any premium rate services supplied by Reality, then you will be
required to sign a separate agreement so as to comply with ICSTIS regulations.
Some terms and conditions may vary from time to time as described below. This
Agreement comes into force once we have accepted your order for the Services.
By submitting this order, you agree to these terms and conditions. We will
accept the order by email, sent to the email address you supplied at sign-up.
1. Services We will supply the Services in accordance with this Agreement. In doing so,
we shall exercise the reasonable care and skill expected of a telecommunications
operator, but no telecommunications service can be supplied without occasional
faults. We will attempt to remedy any faults as soon as we can reasonably do
so.
From time to time, we may vary some aspects of the Services, but we will
try to inform you of these changes. Occasionally, we may suspend the Services
due to operational or technical reasons. If this occurs, we will try to inform
you and we will attempt to restore the Services as soon as we reasonably can.
You may purchase additional Services from us from time to time, which will
also, once we have accepted an order, be subject to this Agreement.
For customers who make use of the Services to a large extent, we may require
you to provide us with forecasts of usage, to ensure that we can continue to
supply the Services at a high level of quality.
We help customers manage their services by means of a web-site (the “Web
Control Page”). This Web Control Page will be protected by one or more
passwords. You are responsible for the security of these passwords and must
not disclose them to other parties. If you or we suspect that a password has
become known to an unauthorised party, you or we must change that password.
2. Charges and Payments The Services attract connection charges and, in some cases, recurring and
usage charges. When you purchase the Services, the relevant charges will be
shown and, by signing up to the Services, you agree to pay these charges. We
reserve the right to change these charges from time to time, although we will
try to inform you of any changes in advance. The relevant charges will be shown
on the Web Control Page.
Usage and recurring charges will be billed to you monthly, with an interim
bill being levied if your account exceeds a pre-set limit. Recurring charges
are payable monthly in advance. These charges will be applied to the credit
or debit card you registered with us when you signed-up or which you later
amend, or collected by any other means of settlement agreed between us from
time to time. We reserve the right to charge you interest on any unpaid amounts
at a rate equal to three per cent above the base rate from time to time of
HSBC Bank plc. We also reserve the right to suspend your use of the Services
without notice if bills are unpaid.
When a bill payment has been successfully taken by credit or debit card we
will send an email notification and VAT invoice to your current email address
as held on our system. You must inform us promptly if you believe the bill
to be incorrect, and it is your responsibility to keep your e-mail address
and payment details up to date. In the absence of obvious error, the records
which we collect of the usage of the Services will be considered to be correct.
3. Service Misuse
You must not misuse the Services or permit anyone else to misuse them. Examples
of misuse are:
- Sending messages or making communications which are offensive,
abusive, indecent, defamatory, obscene or menacing;
- Using the services for fraudulent, illegal or immoral purposes,
or to cause annoyance, inconvenience or needless anxiety;
- Failing to carry out any reasonable instructions from Reality
which we believe to be necessary in the interests of safety or to maintain
the quality of the Services;
We may suspend your use of the Services or terminate this Agreement if you
misuse the Services.
4. Indemnity
The Customer indemnifies Reality against any claims or legal proceedings
(including damages, costs and expenses) arising solely from the Customer’s
use of the Services which are brought or threatened against Reality by any
third party.
5. Use of Personal Information Any information ("information") which you give to us or which we
obtain or receive about you or which you give to our sub-contractors or agents,
will be held and processed by us by computer or otherwise.
We may use your information:
- to help us detect fraud or loss,
- for credit clearing purposes,
- to assess your needs and to keep you informed of other products and
services (including those supplied by third parties) which may interest
you,
- for statistical analysis, management and planning in connection with
our business.
We may disclose your information to:
- other companies associated with us, in the same group of companies, for
the above purposes,
- our suppliers, sub-contractors and agents, for the above purposes,
- third party suppliers of goods and services in connection with their provision
of goods or services to you, only where you have authorised us to do so,
- to any person and for any purpose required by our licences.
6. Intellectual Property Rights
Where software is supplied to enable the Customer to use the Services Reality
grants the Customer a non-exclusive, non-transferable licence to use the software
for that purpose only. The Customer shall not copy, modify, reverse engineer,
decompile or otherwise endeavour to obtain the source code of the software
except to the extent permitted by law.
All intellectual property rights in the software shall remain the property
of Reality or its licensors. The Customer shall sign any agreement required
by the owner of the intellectual property rights in the software to protect
such rights.
7. Confidentiality
The parties will keep confidential any information of a confidential nature
obtained under this Agreement (whether written or oral), including but not
limited to the prices payable by the Customer for the Services, and will not
disclose such confidential information to any person (other than their employees
who need to know the information for the purpose of this Agreement and who
are under a duty of confidentiality equivalent to this Clause 7) without the
prior written consent of the other party.
This Clause 7 will not apply to any information which has been published
other than through a breach of this Agreement, information lawfully in the
possession of the recipient before this disclosure under this Agreement took
place, information obtained through a third party who is free to disclose it;
and information which a party is required by law to disclose.
8. Limitation of Liability
Reality will only be liable to the Customer for claims made in writing within
six months of the date on which the Customer becomes aware, or ought reasonably
to have become aware, of the grounds of such claim. Otherwise, and subject
to the next paragraph, Reality’s total liability to the Customer in connection
with this Agreement, whether in contract, tort or otherwise is limited to £1,000
in respect of any single occurrence or series of occurrences whether successive
or concurrent in any twelve month period.
Reality shall not in any circumstances be liable to the Customer whether
in contract, tort or otherwise for direct or indirect loss of profit, loss
of anticipated business savings or wasted expenditure or for any indirect or
consequential loss, corruption or destruction of data whether or not Reality
was advised or aware of the possibility of such damage, losses or expenses.
Nothing in the foregoing shall operate to exclude or limit Reality’s
liability for personal injury or death caused by its negligence.
9. Termination
Either we or you may terminate this Agreement with immediate effect by giving
written notice to the other if the other:
- commits a material breach or persistent breaches of this Agreement (including
a failure to pay any sums due under this Agreement) and, where such breach
is capable of being remedied, fails to do so within 14 days of written notice
to do so;
- is subject to bankruptcy or insolvency proceedings, becomes insolvent,
makes any composition or arrangement with or assignment for the benefit of
its creditors, or goes into either voluntary (otherwise for reconstruction
or amalgamation) or compulsory liquidation, or a receiver or an administrative
receiver is appointed over its assets.
Reality may (without losing or reducing any other right or remedy) suspend
the Services in whole or in part without notice if:
- within 10 days of a written demand being sent to the Customer, at the
current e-mail address which you have notified to us, you fail to pay any
charges due to Reality under this Agreement;
- the Services are used in breach of Clause 3.
Reality may terminate this Agreement with immediate effect on written notice
in order to comply with the decision or action of a competent regulatory authority.
This Agreement may be terminated by either we or you giving not less than
30 days written notice to the other.
In order to ensure efficient use of number capacity, Reality reserves the
right to recover numbers that remain unused for a continuous period of at least
six months.
10. Notices
A notice given under this Agreement must be in writing and may be delivered
by hand or sent by e-mail, facsimile or post to the addressee at any e-mail
address, facsimile number or postal address supplied previously for this purpose.
Any such notice shall be deemed to be served (in the case of post) at the start
of business on the next business day and (in the case of e-mail or facsimile)
at the time of transmission.
11. Assignment
The Customer must not assign or otherwise transfer any of its rights or obligations
under this Agreement.
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